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Cosmetic Surgery Claims — No Win No Fee

England & WalesLast reviewed 18 September 2026

Cosmetic surgery negligence claims can be pursued on a no win no fee basis when a procedure is performed below the expected standard of care, or when the practitioner fails to obtain proper informed consent, resulting in harm.

What Are the Most Common Cosmetic Surgery Claims?

Direct Answer: Common cosmetic surgery claims include breast augmentation/reduction complications, rhinoplasty errors, liposuction injuries, facelift nerve damage, and botched non-surgical procedures (fillers, Botox). Claims can be brought on a CFA basis. The Montgomery consent standard applies.

  • Breast augmentation/reduction — asymmetry, capsular contracture, implant rupture, nerve damage
  • Rhinoplasty — breathing difficulties, poor aesthetic result, collapse
  • Liposuction — contour irregularities, burns, organ perforation
  • Facelifts and brow lifts — nerve damage, asymmetry, scarring
  • Tummy tuck (abdominoplasty) — wound breakdown, excessive scarring
  • Dermal fillers and Botox — vascular occlusion, blindness, tissue necrosis
  • Laser treatment — burns, scarring, pigmentation changes

What Counts as Informed Consent?

The Supreme Court's decision in Montgomery v Lanarkshire Health Board [2015] fundamentally changed consent law. Practitioners must now ensure patients are aware of any material risks — a risk is "material" if a reasonable person in the patient's position would be likely to attach significance to it. This is particularly important in cosmetic surgery, where procedures are elective and the decision to proceed is driven by the patient's informed choice.

How Are Cosmetic Procedures Regulated?

Cosmetic surgery is regulated by the Care Quality Commission (CQC) in England. Surgeons performing cosmetic procedures must be registered with the General Medical Council (GMC) and, for surgery, should be on the GMC's Specialist Register. Non-surgical cosmetic procedures (fillers, Botox) are less regulated, though increasing regulation is being introduced.

Frequently Asked Questions

Can I claim for a botched cosmetic procedure on no win no fee?

Yes. Cosmetic surgery negligence claims can be handled on a CFA (no win no fee) basis. You must be able to show that the treatment fell below the standard expected of a competent practitioner and caused you harm.

Does it matter if the procedure was done privately?

No. Claims can be brought against NHS or private cosmetic surgeons. Most cosmetic procedures are performed privately. The same legal standards (Bolam/Bolitho) apply regardless of whether treatment was NHS or private.

What is the role of informed consent?

Following Montgomery v Lanarkshire Health Board [2015], practitioners must take reasonable care to ensure the patient is aware of any material risks of the proposed treatment and of any reasonable alternative treatments. Failure to do so can give rise to a claim even if the surgery itself was performed competently.

What compensation can I receive?

Compensation may include pain and suffering, the cost of corrective surgery, scarring and disfigurement, psychological impact (depression, anxiety, body dysmorphia), loss of earnings, and out-of-pocket expenses.

What procedures give rise to claims?

Common claims involve breast augmentation/reduction, rhinoplasty, liposuction, facelifts, tummy tucks, laser treatment, dermal fillers, and non-surgical treatments such as Botox and chemical peels.

Where this applies: This page covers England and Wales. The rules in Scotland and Northern Ireland are different.

Sources for this page

Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 18 September 2026.

  1. Courts and Legal Services Act 1990, s.58 (conditional fee agreements)

    The provision that makes CFAs lawful and enforceable. CFAs derive from this section, not from LASPO.

  2. Conditional Fee Agreements Order 2013, arts. 4–5 · in force from 1 April 2013

    Art. 4 caps the success fee at 100% of base costs. Art. 5 caps what may be taken from damages in personal injury at 25% of PSLA plus past pecuniary loss, net of CRU, at first instance.

  3. Civil Procedure Rules, Part 44 (incl. rr.44.13–44.17, QOCS)

    Qualified one-way costs shifting and its exceptions. Rule 44.14 was amended with effect from 6 April 2023.

Who wrote and checked this page

Written and published by
Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
Legal review
Checked for England & Wales by Edward & Amaury Solicitors — Solicitors regulated by the SRA (no. 800525) (verify on the regulator’s register).Review is recorded against the firm. The individual reviewer is not named on this page.
Review dates
Last reviewed 18 September 2026. Next review due 18 March 2027.

Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.

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Where this applies: This page covers England and Wales. The rules in Scotland and Northern Ireland are different.

Sources for this page

Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 2 August 2026.

  1. Courts and Legal Services Act 1990, s.58 (conditional fee agreements)

    The provision that makes CFAs lawful and enforceable. CFAs derive from this section, not from LASPO.

  2. Conditional Fee Agreements Order 2013, arts. 4–5 · in force from 1 April 2013

    Art. 4 caps the success fee at 100% of base costs. Art. 5 caps what may be taken from damages in personal injury at 25% of PSLA plus past pecuniary loss, net of CRU, at first instance.

  3. Legal Aid, Sentencing and Punishment of Offenders Act 2012, ss.44–46 · in force from 1 April 2013

    Ended recoverability of success fees and ATE premiums from the losing party. Did not create or regulate CFAs.

  4. Civil Procedure Rules, Part 44 (incl. rr.44.13–44.17, QOCS)

    Qualified one-way costs shifting and its exceptions. Rule 44.14 was amended with effect from 6 April 2023.

Who wrote and checked this page

Written and published by
Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
Legal review
This page has not yet been through independent legal review. It is written from the primary sources listed below, which you can check directly.
Review dates
Last reviewed 2 August 2026. Next review due 2 February 2027.

Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.